Letter to CPS about my trial for allegedly saying 'MASTURBATE'

in #law6 years ago

Hi

I am scheduled to appear at a trial at Hendon Magistrates Court on 30th May. Apologies that I was not supplied with the case number.

The case management form states that you are to send me full disclosure by 14th May which has passed. I have received nothing. I don't even have the evidence of the 'victim' if you can even call him that.

I do however remember seeing it at the plea trial. I was accused of saying the word 'masturbate' in public and making a hand movement.

Before I continue, I always like to acknowledge my adversaries and give credit where credit is due. What a game! You guys are playing a no lose game where you get paid no matter what happens and I don't get compensated no matter what happens! How you pulled that one off is a great question!

And the irony in this case too!

But first I thought I would share some things with you.

I called the non emergency police line 101 and the following is a recording of the call with them where they confirmed that it is not an offence to say that word (even though I do not admit to even saying it) in public.

In case its been a while, I thought I would remind you of your own guidelines when it comes to testing whether a case is in the public interest. The following is taken from the governments own website https://www.cps.gov.uk/publication/full-code-test

"How serious is the offence committed?
The more serious the offence, the more likely it is that a prosecution is required.

When deciding the level of seriousness of the offence committed, prosecutors should include amongst the factors for consideration the suspect's culpability and the harm to the victim by asking themselves the questions at b) and c)."

I cant imagine you get any offenses LESS serious that this! This is a joke! I have spoken to a friend who is a district judge, several lawyers and of course members of the public and they all laughed!

"What is the level of culpability of the suspect?

Culpability is likely to be determined by the suspect's level of involvement; the extent to which the offending was premeditated and/or planned; whether they have previous criminal convictions and/or out-of-court disposals and any offending whilst on bail; or whilst subject to a court order; whether the offending was or is likely to be continued, repeated or escalated; and the suspect's age or maturity (see paragraph d) below for suspects under 18)."

Planned?! Premeditated? I definitely did not plan or premeditate saying the word and that man getting upset! I have no criminal convictions or bail etc!

"What are the circumstances of and the harm caused to the victim?
The circumstances of the victim are highly relevant. The greater the vulnerability of the victim, the more likely it is that a prosecution is required. This includes where a position of trust or authority exists between the suspect and victim.

A prosecution is also more likely if the offence has been committed against a victim who was at the time a person serving the public."

Well that is not the case here. The victim was just someone who had eaten at Mcdonalds! Not sure if that makes him vulnerable!

"Prosecutors must also have regard to whether the offence was motivated by any form of discrimination against the victim's ethnic or national origin, gender, disability, age, religion or belief, sexual orientation or gender identity; or the suspect demonstrated hostility towards the victim based on any of those characteristics. The presence of any such motivation or hostility will mean that it is more likely that prosecution is required."

Again - not the case.

"In deciding whether a prosecution is required in the public interest, prosecutors should take into account the views expressed by the victim about the impact that the offence has had. In appropriate cases, this may also include the views of the victim's family."

Do you think saying the word masturbate or any other non threatening word had an adverse effect on his family!!!??

"What is the impact on the community?

The greater the impact of the offending on the community, the more likely it is that a prosecution is required. In considering this question, prosecutors should have regard to how community is an inclusive term and is not restricted to communities defined by location."

Do you think hearing a word has an impact on the community?!! Has anyone ever been to a football match?!

"Is prosecution a proportionate response?
Prosecutors should also consider whether prosecution is proportionate to the likely outcome, and in so doing the following may be relevant to the case under consideration:

The cost to the CPS prosecution service and the wider criminal justice system, especially where it could be regarded as excessive when weighed against any likely penalty (Prosecutors should not decide the public interest on the basis of this factor alone. It is essential that regard is also given to the public interest factors identified when considering the other questions in paragraphs 4.12 a) to g), but cost is a relevant factor when making an overall assessment of the public interest).
Cases should be capable of being prosecuted in a way that is consistent with principles of effective case management. For example, in a case involving multiple suspects offenders, prosecution might be reserved for the key main participants in order to avoid excessively long and complex proceedings."

Do you think it a proportional response to saying a word that someone didnt like!! Is it proportionate financially? And if you claim you are trying to protect the poor man from feeling alarmed harrassed and distressed, what about the hug amount of distress you are putting me through?!! You are doing the same thing you are trying to event but many times more serious!

Looking forward to your reply

Yours sincerely

Hugs

Danny

Sort:  

cooltext263015534343913.png, too smart for your own good, ehj ?


i think you can step on stage now, i used to think i was the only one getting harassed for "looking at a car" or "walking" (after dark) because that is suspicious, then i read about a guy in ireland who for some reason got screwed legally for standing in some pasture to take a photograph and now you have traumatized someone beyond repair by baby jesus by saying jerk , right ?

i think instead of goodspeak they might wanna try education, like strenghten someone so an a- to z- word can't actually kill people ?

orwell weeps, i bet you heard about him

:)
i hope the bill is not too high though
i know they get ridiculous when its about "OBEY OR ELSE" i doubt its much different in the land of the queen

EPIC. You broke it down!

I've done this type of thing in the past with attorneys I've worked with. Broken it all down and not once was it ever properly addressed, let alone barely acknowledged.

And that is what it all came down to: They get paid no matter what. You don't.

I want to see changes in our legal industry. I know there are solutions and technology to do so. I want the solicitors, barristers, judges, lawyers, et al... to see the fact that the public is waking up and is taking other measures to make the truth known.

"Here your honor, let it be known with this date and time stamp on the immutable blockchain that these accusations were proven false using your own guidelines, statutes, etc... I hereby demand redress for expenses related to defending myself against the false accusations, for the time it took away from my paid employment and for the overall removal of peace and the right to do as I please privately...."

You did good.

I've learned a lot from this and other ridiculous prosecutions that have been levelled against me. I'm fortunate enough never to have been convicted and only to have been prosecuted for stupid things.

Looking so nice my dear

To listen to the audio version of this article click on the play image.

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Good luck and thank you for your continuous support on my posts.

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